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COCOA KAYAKING WAIVER: COCOA BEACH LOCATION:
CITY OF COCOA BEACH WAIVER:

PARTICIPANT WAIVER AND HOLD HARMLESS AGREEMENT

PLEASE FILL OUT IF YOU ARE PARTICIPATING IN A DAYTIME, SUNSET AND/OUR BIOLUMINESCENCE TOUR THROUGH THE THOUSAND ISLANDS OF COCOA BEACH, FLORIDA WITH COCOA KAYAKING.

COMMERCIAL OPERATOR: COCOA KAYAKING INC.
DEPARTURE LOCATION: 5000 TOM WARRINER BLVD COCOA BEACH, FLORIDA 32931
EXCURSION ACTIVITY TYPE: KAYAK TOUR

1. I HEREBY EXPRESSLY AGREE AND PROMISE TO ACCEPT AND ASSUME ALL THE RISKS OF PARTICIPATING IN THIS ACTIVITY. I UNDERSTAND THAT KNOWN AND UNANTICIPATED RISKS WHICH COULD RESULT IN INJURY TO MYSELF AND/OR DAMAGE TO MY PROPERTY. I FURTHER UNDERSTAND AND AGREE THAT SUCH RISKS CANNOT BE ELIMINATE WITHOUT JEOPARDIZING THE ESSENTIAL QUALITIES OF THE ACTIVITY. MY PARTICIPATION IN THIS ACTIVITY IS ENTIRELY VOLUNTARY AND I ELECT TO PARTICIPATE IN SPITE OF THE RISKS.

2. I HEREBY VOLUNTARILY RELEASE, FOREVER DAMAGE AND AGREE TO SAVE AND HOLD THE CITY OF COCOA BEACH, ITS AGENTS, SERVANTS, AND EMPLOYEES HARMLESS FROM ANY AND/ALL ACTS, OMISSIONS, CLAIMS, DEMANDS, DISPUTES, DAMAGES, COSTS, AND EXPENSES (TO INCLUDE ATTORNEY'S FEES WHETHER OR NOT LITIGATION IS NECESSARY AND IF NECESSARY, BOTH AT TRIAL AND/ON APPEAL), INCURRED BY THE CITY OF COCOA BEACH AS A RESULT, DIRECTLY OR INDIRECTLY, OF THE USE OF THE DESCRIBED FACILITY LOCATION AND/OR EQUIPMENT.

BY SIGNING THIS DOCUMENT I ACKNOWLEDGE I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE AGREEMENT, THAT I UNDERSTAND IT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

COCOA KAYAKING ADULT AND MINOR WAIVER:

COCOA KAYAKING INC.
(808) 798-6630

PLEASE FILL OUT THIS FORM IF YOUR ARE KAYAKING ON A TOUR WITH COCOA KAYAKING.

PARTICIPANT AGREEMENT, RELEASE, AND ACKNOWLEDGEMENT OF RISK

In consideration of the services of Cocoa Kayaking Inc., their agents, owners, officers, volunteers, participants, employees, Brevard County and the City of Cocoa Beach, and all other persons or entities acting in any capacity on their behalf. I hereby agree and discharge Cocoa Kayaking Inc., on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:

1. By signing this document, I acknowledge that sea kayaking entails known and unanticipated risks in which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include among other things, but are not limited to: boat capsize; tidal conditions and currents; travel in remote areas; collision with objects or other watercraft; prolonged exposure to cold water; hypothermia; accidental drowning; mental anguish or trauma; illness in remote areas; adverse weather conditions; exposure to sun; strong wind; cold; storms; boat wake; lightning; aggressive and or poisonous marine life; dangerous wildlife; wrist, arm, shoulder, and/or back injuries; and rapidly changing weather and water conditions. Furthermore, Cocoa Kayaking Inc., guides have difficult jobs to perform. They seek safety, but they are not infallible. They might be ignorant of a participant’s fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions, and the equipment being used might malfunction.

2. By signing this document, I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I agree specific consideration has been exchanged for this provision.

3. By signing this document, I hereby voluntarily release, forever discharge, and agree to hold harmless Cocoa Kayaking Inc., from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or any use of Cocoa Kayaking’s equipment or facilities, including any such claims which allege negligent acts or omissions of Cocoa Kayaking Inc.

4. By signing this document, should Cocoa Kayaking Inc., or anyone acting on their behalf be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

5. By signing this document, I certify that I have an adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the cost of such injury or damage myself. I further certify that I have no medical or physical-conditions, which could interfere with my safety in this activity, or else I am willing to assume -- and bear the cost of -- all risks that can be created, directly or indirectly, by any such condition.

6. By signing this document, in the event that I file a lawsuit against Cocoa Kayaking Inc., I agree to do so solely in Federal Court, in Orlando, Florida, and I further agree that substantive laws of the State of Florida shall apply in the that action without regard to the conflict of law rules of the Sate of Florida.

7. By signing this document, I confirm that I am NOT under the influence of alcohol or drugs and that I am required to wear and will wear the provided life jacket while on my kayak tours . I confirm that I am 18 years or older and that I have truthfully answered the above questions and understand the risk associate with any physical activity and I am in adequate physical condition to safely participate. If you do not want any photos of you taken throughout your tour on any Cocoa Kayaking social media, and/or marketing, then please put, "no photo media" beside your signature printed name below.

8. By signing this document, I understand and acknowledge that Cocoa Kayaking Inc., is an independent contractor and nothing contained herein shall be construed to be inconsistent with this relationship or status. Nothing in this Agreement shall be interpreted or construed to constitute that Cocoa Kayaking Inc., or any of its agents or employees to be the agent, employee or representative of Brevard County.

9. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Cocoa Kayaking, Inc. on the basis of any claim from which I have released him or her herein. I have had sufficient opportunity to read this entire document. I have read and understand it, and agree to be bound by its terms.

Today's Date: April 23, 2025

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Additional Details

DATE OF EXCURSION
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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